Foster Care News, Keeping you informed of children & youth services related matters in Canada, including enforcement issues, legislative updates, public campaigns and more. If you are looking for a good cause to support, consider contacting us. 613-709-3866 Good for MPP, MLA, Ministers, Lawyers, Legal Staff, Advocates, Families, children and youth.

Sunday, February 06, 2011

Appeal Date Set in Trial Against Ottawa CAS and Barbara MacKinnon (Executive Director)

When the charges against the Ottawa Children's Aid Society and its executive director Barbara MacKinnon were finally to be tried on Dec 1, 2010, the private prosecutor John Dunn was mistaken as to the starting time of the trial being at 9:30am, when in reality it was at 9:00am.

Dunn and two of his supporters were in the building by 9:10am, however thinking they still had twenty minutes before trial, dunn brought them to the building's coffee shop before heading to the court room.

By 9:20am, the Society's legal counsel, Burke-Robertson Barristers and Solicitors moved for the charges to be dismissed due to the fact that the private prosecutor was not in attendance and the justice of the peace granted their request to dismiss the charges without further inquiry.

At this point the defendants and their legal Counsel left the court room where Dunn crossed paths with them in the hallway as he approached the court room.

They stopped and their legal counsel handed back Dunn's original request for the list of the Society's members as required by law, and they left the building.

Dunn then entered the court room, the provincial prosecutor turned and mentioned to the judge that Dunn was here, however Dunn did not wish to disturb the ongoing matter and politely backed out of the court room apologizing for interrupting the other proceedings.

Dunn then filed an appeal of the court's decision to dismiss the charges by the end of December (within 30 days) and an appeal hearing is now set to determine whether or not a new trial date can be set.

The Appeal hearing will be held on

March 8, 2011
Ottawa Court House
161 Elgin Street
10:00 am (Dunn says "I'll be there this time for 9:00am to be early!")
Court Room #14.

The appeal is based on other supporting cases where dismissals of court cases because of Crowns' failure to appear were overturned on appeal because a Justice of the Peace or a Judge did not use their judicial discretion in a judicial manner in that they did not make any effort to determine if the prosecutor was in the building etc, or other attempts of a similar nature.

If the appeal is successful a new trial date will be set and the original charges can be tried and determined by the court as originally intended.
The Society's position to date remains the same in that they refuse to furnish a list of their members in violation of the law which requires them to do so.

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General Information

Donating to a CAS Foundation?Donating to a Children's Aid Society Foundation? Consider supporting former foster children who advocate for improvements in child welfare by e-mailing johndunn@afterfostercare.ca

Misappropriated Ministry FundsLearn more about over $2.5 Million per year in child welfare funds going toward paid lobbyists, the OACAS [link]

A Visit to the MinistryChris Carter and Families Visit Ministry of Children and Youth Services [link]

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CAS Board Meetings

Call your CAS to find out when their regular Board of Directors meetings are held and how you can attend to watch and participate. If you experience any resistance to your attendance call the Council at 613-220-1039 for support.

For example: Ottawa CASThe Ottawa CAS Board meetings are held on the second Tuesday of each month at the Head Office of the CAS at 1602 Telesat Court, Ottawa, ON, at 5:30pm in the Gloucester Room of the Society. (a short walk over the glass tunnel from Blair Transitway Station (away from the Mall not toward it)

Simply go into the main office of the CAS if doors are unlocked or buzz security if they are locked, then just sign in at the front desk telling Security you are there to attend the Board meeting.

When you sign in, the sheet asks who invited you, or who your contact person is, just put Barbara MacKinnon as she is the Executive Director and as head of the corporation offers an open invitation to the public to attend in accordance with their internal By-Laws. You can learn more by calling the Ottawa CAS at 613-747-7800 and ask for the Executive Office.